My application for a residence permit for Aufenthaltserlaubnis zur personensorge

Question

My application for a residence permit to take care of my son born in Germany got rejected by the auslandbehorde. My girlfriend is a Ghanaian with a residence permit in accordance to article 28 and my son article 33. The reason for the rejection was that the mother of my child is a Ghanaian and child also not a German. My lawyer appealed but rejected once again. After the second rejection my lawyer took the case to court now. My other issue is can I apply for a Duldung whiles waiting for the court decision. My country passport has been taken from me by the Ausländerbohorde. I have declared both partenity and share custody with girlfriend. Please can anyone enlighting me on the way forward. I really need some answers. I live in Schleswig Holstein. I wish I could take up some integration course, work or perhaps take up some Ausbildung program but because I don’t have anything in hand (I.e. residence permit or Duldung) it has hindered me in some ways. I wish I could get some answers here.

Answer 1

Dear @Mumin,

Welcome to the Wefugees Communtiy and thank you for reaching out to us.

I can imagine that it is quite frustrating not being allowed to do anything (except of studying the language as good as possible I guess).

We discussed similar situations a few times on this platform before. Maybe you want to check out this thread or also the answer given here.

Unfortunately, the decision to grant a residence permit for a father of a child having a residence permit in Germany is indeed at the discretion of the immigration office. Therefore, it can get quite complicated. I think you did good seeking support by a lawyer. Of course you can apply for a Duldung (I think the lawyer should also do it for you), but the issuing, again, will be at the discretion of the immigration office. They will assess whether there are reasons against a potential deportation.

I am sorry that I can not give you a more meaningful/positive answer.

All the best for you and please don't hesitate to keep us updated or to get back to us with any further questions.

Regards,

Meike

Comments

I agree with my colleague. In my view, a Duldung is the only real option for you. There is no entitlement to a residence permit as a parent of a non-German child. The only option is a residence permit as 'other family member' which also covers wider relations such as parents, siblings etc. It is only given in order to avoid extreme hardship, as can be seen if you **** at the relevant section of the immigration law, paragraph 36, section 2 Aufenthaltsgesetz:

 https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__36.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Therefore I only see any chance of success in the court if there are such extraordinary circumstances (such as serious illness). But your lawyer will be able to better explain on what grounds they appealed the decision.

With a Duldung for the reason of having a child here, you can do an integration course, work and also take up an Ausbildung. If you have a Duldung for 18 months, you can then apply for a residence permit in accordance with paragraph 25, section 5 of the Aufenthaltsgesetz.